P. v. Miller
From October 1, 2004, through February 6, 2005, defendant Brian Harley Miller took checks from D.R. and forged and passed them at various stores without her authorization. In case No. 05F014, defendant entered a negotiated plea of no contest to embezzlement from an elder or dependent adult in an amount exceeding $400 (Pen. Code, 368, subd. (d); undesignated section references are to this code), in exchange for no state prison at the outset and dismissal of the remaining counts ( 368, subd. (e); 487, subd. (b)(3); 504; and five counts, 470, subd. (a)) with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. For purposes of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] and to justify an aggravated term of four years in the event he violated probation, defendant admitted that he forged and passed multiple checks, separate victims were involved, and that the amount of money totaled over $1,200. The court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions including 110 days in jail.
Defendant admitted that he failed to contact the probation officer. Probation was revoked and reinstated subject to an additional 30 days in jail.
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